I mean that. If you're on this page, something terrible happened. Someone you love died, and you're trying to figure out what to do next.
Maybe it was a car accident. Maybe someone at work. Maybe a doctor messed up. Whatever happened, you're dealing with a lot right now—grief, bills piling up, people asking you questions you don't have answers to.
I'm Scott DeSalvo. I've been doing this work for over 20 years here in the Chicago area, including right here in Elmwood Park. And I want to help if I can.
Here's the thing about wrongful death cases: They're not just legal cases. They're about families. They're about loss. They're about trying to make sense of something that doesn't make sense.
I remember getting a call late one night from a woman whose husband died in a construction accident over on one of the job sites near North Avenue. She was crying, asking me how she was supposed to pay for his funeral. How was she going to keep the house? Their kids were asking when daddy was coming home.
I got in the car and went to her house that night. Because that's what you do when someone needs help.
Look, I can't bring your loved one back. I wish I could. What I can do is help you get the financial compensation your family deserves, hold the people responsible accountable, and try to give you one less thing to worry about during the hardest time of your life.
And here's something important: You don't need money to hire me. I don't charge you anything unless I win your case. That's how I work. Always have, always will.
Give me a call. We'll talk. No charge, no pressure.
I'm available pretty much all the time. Middle of the night, weekends, doesn't matter. Just call.
The law has a formal definition, but let me just put it in regular words.
Wrongful death is when someone dies because another person or company did something wrong, was careless, or didn't do something they should have done.
The basic question is: If your loved one had lived, would they have been able to sue for their injuries? If yes, then you've probably got a wrongful death case.
I've worked on a lot of these cases over the years. Here's what I see most often:
Elmwood Park has some busy streets—North Avenue, Harlem Avenue, Grand Avenue. I've handled fatal accidents on just about every major road around here.
Someone's texting while driving. Someone runs a red light. Drunk driver. Semi-truck driver who's been on the road too long. Motorcyclist gets cut off.
These aren't "accidents" in the sense that nobody could have prevented them. Someone made a choice that killed someone else.
Most doctors do good work. But sometimes mistakes happen that kill people.
Wrong diagnosis. Surgical error. Wrong medication. Someone gets sent home from the emergency room when they should've been admitted. Birth injuries.
We've got good hospitals around here—Elmhurst Hospital, Loyola. But even good hospitals have bad outcomes when someone's not paying attention.
Construction accidents are common around here. Falls, electrocutions, getting hit by equipment. But people also die in warehouses, factories, and other workplaces.
Usually it comes down to someone cutting corners on safety to save time or money.
Here's something people don't always know: Workers' comp might pay some benefits, but a wrongful death lawsuit can go after other parties who were responsible. That can mean more money for your family.
This one really bothers me. Your parent is in a nursing home because you can't take care of them at home. You're trusting these people.
Then you find out they weren't getting fed properly. Or they developed terrible bedsores. Or they fell because nobody was watching. Or they got the wrong meds.
When neglect kills someone in a nursing home, that facility needs to answer for it.
A fall can absolutely kill someone, especially older folks. Ice that wasn't cleared. Wet floor with no warning. Broken stairs. Poor lighting.
Property owners have responsibilities. When they don't meet them and someone dies, they're liable.
Dog attacks. Defective products. Bar fights where security should've intervened. Pool drownings.
If you're wondering whether what happened to your loved one counts, just call me. We'll talk it through.
This trips people up, so let me explain it simply.
In Illinois, only one person can file a wrongful death lawsuit—something called the personal representative of the estate. Usually that's someone named in the will, or if there's no will, someone the court appoints. Typically a spouse, adult child, or parent.
Even though one person files, they're doing it for everyone—the spouse, kids, parents, sometimes other family.
At the end, whether we settle or win at trial, the money gets divided up among family members based on how dependent they were on the person who died.
Sometimes family members ask if they each need their own lawyer. No. One lawsuit, one lawyer. That's how it works in Illinois.
I handle all the court stuff—the probate paperwork, the filings, all of it. That's what you hire me for.
Let me be straight about this: No amount of money brings your loved one back. I can't do that. Nobody can.
But money can help in real ways. It can pay the bills they left behind. Replace the income your family just lost. Pay for your kids' education. Give you some breathing room while you figure out what's next.
All the treatment they got before they died. Hospital, surgery, ICU, medications, ambulance—all of it.
Funerals are expensive. Ten, fifteen grand or more. Funeral home, casket, burial, service, headstone. These costs add up fast.
Usually the biggest number. All the money they would've earned for the rest of their working life. Salary, raises, bonuses, benefits.
I work with experts who calculate this based on their age, job, work history, everything.
Health insurance they provided. Pension. 401k. Social Security. All of that has value.
Everything they did around the house. Taking care of kids. Fixing things. Managing money. Cooking. Driving everyone around. That all has economic value too.
For a spouse—you lost your partner. Your best friend. The person you were going to grow old with.
Kids losing a parent lose someone to guide them through life, teach them things, be there for big moments.
The emotional pain. The depression. The trauma. This is real and it counts.
Good news: Illinois doesn't put a limit on wrongful death compensation. If a jury thinks your case is worth five million, you get five million.
There are some limited exceptions for medical malpractice, but even those have workarounds.
One limitation: Illinois doesn't allow punitive damages (the extra money to punish bad behavior) in wrongful death cases. It's a weird quirk in the law.
But you can still get substantial compensation without them.
You call me. We talk about what happened. I listen, ask questions, answer your questions. I'll tell you honestly if I think you have a case.
This conversation is free. You don't owe me anything. You're not obligated to hire me.
If you hire me, I get to work right away. Police reports, medical records, witness statements, video footage if it exists, everything.
I visit accident scenes personally. I document what happened. I figure out who's responsible.
We need to set up the estate and get someone appointed as personal representative. There's paperwork and court filings.
I take care of all that. You don't need to worry about it.
Often there are multiple parties responsible—the person who caused it, their employer, insurance companies, property owners, manufacturers.
The more defendants we can go after, the more potential money for your family.
Before filing a lawsuit, I usually send a detailed letter to the insurance company explaining what happened and what we want.
Sometimes cases settle here if they realize we've got solid evidence.
If they won't make a fair offer, I file a complaint in Cook County court.
Both sides exchange information. I ask them questions under oath, demand documents, take depositions.
This can take months, but it's where I build the strongest case.
Most cases settle before trial, often during mediation. Insurance companies settle when they see you have a lawyer who knows what he's doing and isn't afraid of court.
If we can't get fair value, we go to trial. I've tried wrongful death cases in front of juries. I know how to do this.
Once we settle or win, the court approves how money gets divided, we pay any estate debts, and you get your compensation.
I keep you updated through the whole thing. You can call me anytime with questions.
This is important: You've got a deadline. Miss it and you lose the right to sue. Period.
Illinois gives you two years from the date of death to file (not from the date of injury, from the date of death).
If someone murdered your loved one, you get five years or one year after the criminal case ends, whichever is later.
Medical malpractice cases have their own complicated timing rules. Generally two years from when you discovered the malpractice, but there are exceptions.
If a medical mistake killed your loved one, call me sooner rather than later.
Evidence disappears. Witnesses move. Video footage gets deleted. The longer you wait, the harder it gets.
Plus your bills aren't waiting two years.
Call me as soon as you can.
Find Out What YOUR Case Might Be Worth...for free.
Illinois actually gives you two types of lawsuits when someone dies from negligence. Most people don't know this.
This one compensates the family for what they lost—financial support, companionship, guidance, grief.
This one compensates the deceased person's estate for what they went through—pain and suffering before death, medical bills, lost wages.
Filing both means more compensation for your family. The wrongful death money goes to family members. The survival action money goes through the estate.
Call me at midnight. Call me on Sunday. I'll answer. Because questions don't wait until Monday morning.
This is all I do. Personal injury and wrongful death. Not divorces or business law or anything else. Just this.
I've spent over $100,000 on advanced trial training at places like Gerry Spence's Trial Lawyer's College. Most lawyers never invest in training after law school.
I do it so I can get you better results.
No retainer, no hourly bills, no out-of-pocket costs. I only get paid if you get paid.
I've actually tried cases in front of juries. Some lawyers settle everything because they've never been to trial. Insurance companies know I'm willing to go to court, which is why I get better settlements.
I know Elmwood Park. I know the roads, the hospitals, the courts. That local knowledge matters.
Honest answer: It depends on a bunch of factors. I'll give you my best assessment when we talk.
Maybe, maybe not. If we settle, probably not. If we go to trial, family members usually do testify. I prepare you thoroughly if that happens.
Simple cases might settle in 6-12 months. Complex cases can take a couple years. I work as fast as I can while making sure we get full value.
Yes. They're completely separate. You can sue regardless of what happens in criminal court.
Illinois reduces your damages by their percentage of fault. But if they were more than 50% at fault, you can't recover anything.
I look everywhere for money—your family's insurance, employers, property owners, manufacturers, workers' comp. Sometimes I find sources other lawyers miss.
When I was nine, my dad was badly hurt at work. He was a truck driver—hard worker, never complained. Then one day everything changed. Permanent injuries. Couldn't work anymore.
He hired a lawyer who treated him terribly. The case dragged on for 17 years. At the end, his own lawyer sued him over fees.
We went from doing okay to struggling. I watched my dad deal with his injuries and with how the legal system failed him.
I put myself through school with one goal: Make sure what happened to my dad doesn't happen to other families.
I only represent injured people. Never insurance companies or defendants. I take the tough cases. I keep training to get better at this.
Your fight really is my fight. I mean that.
Every day you wait, evidence disappears.
Call anytime. Two in the morning, Sunday afternoon, doesn't matter. We'll talk about what happened. I'll answer your questions. I'll tell you if you have a case.
It's free. No pressure.
But your family deserves justice. And you can't get back lost time.
Hiring Scott was one of the best moves I have made in my life. Scott is a down to earth person and attorney. Scott is a 5 star first class act who really knows his stuff. The Judge said his presentation was one of if not the best he had ever seen. Take my advice, hire Scott I’m sure you’ll be 200% satisfied I was.
Scott not only cares about the case, but he truly cares about his clients and that makes him the best lawyer I have ever met and hired! He won my case! He is thorough in everything he does. I highly recommend Scott, and will always refer him to family and friends.
I hired Scott DeSalvo upon a friend’s recommendation. His office kept me informed of developments as they happened, and I felt the settlement reached was fair considering my injuries. I would highly recommend Scott DeSalvo to represent your personal injury case.
I work with families throughout Elmwood Park and the surrounding communities—River Grove, Melrose Park, Franklin Park, Oak Park, River Forest, Northlake, Schiller Park, Maywood, and more.
Call Me: 312-500-4500
I also handle: Worker's Compensation | Nursing Home Abuse | Construction Accidents | Car Accidents | Slip and Fall | Dog Bites | Medical Malpractice | Motorcycle Accidents
Main Office:
1000 Jorie Blvd Ste 204
Oak Brook, IL 60523
New Cases: 312-500-4500
Office: 1 312-895-0545
Fax: 1 866-629-1817
service@desalvolaw.com
Chicago and Other Suburban Offices
By Appointment Only
